The recreation, entertainment, and sports industry vs. the State Treasury

Case brought by entrepreneurs from the recreation, entertainment, and sports industry against the State Treasury, represented by the Prime Minister, the Minister of Health, the Minister of Internal Affairs and Administration, and the Minister of Education, to determine liability for damages resulting from restrictions on business activity during the COVID-19 pandemic

Action filed by a group of entrepreneurs from the recreation, entertainment, and sports industry to determine the liability of the State Treasury for damages caused by unlawful actions and omissions in the exercise of public authority in connection with the state of emergency and the COVID-19 epidemic.

The claimant bases liability on two damaging events: (1) the issuance of unlawful normative acts enumerated in the action, (2) unlawful omission in the exercise of public authority consisting in the failure to issue a normative act introducing a state of emergency – a state of natural disaster, and the failure of the Minister of Internal Affairs and Administration to take the initiative to develop a policy on the introduction of a state of emergency in connection with the COVID-19 epidemic – a state of natural disaster, and failure to submit a draft normative act to the Council of Ministers concerning the introduction of a state of emergency – a state of natural disaster.

18 members of the group

Proceedings in 3rd stage – a judgment establishing the defendant’s liability for damages was issued.

3rd STAGE
  • Judgment of the Regional Court in Warsaw 25th Civil Division of 11th February 2025, XXV C 1641/ 21 – determination of the defendant’s liability for damages to the group members for the losses they suffered and the benefits they could have obtained if the damage had not occurred, caused by unlawful action in the exercise of public authority consisting of the issuance of the normative acts specified in the judgment
  • The hearing of 17th January 2025
  • The hearing of 22nd November 2024
2nd STAGE
  • Decision of the Regional Court in Warsaw 25th Civil Division of 2nd February 2023, XXV C 1641/21 – announcement of the commencement of group proceedings
1st STAGE
  • Decision of the Regional Court in Warsaw 25th Civil Division of 4th March 2022, XXV C 1641/21 – examination of the case in group proceedings
  • Statement of claims filed on: 7th June 2021